Chapter XIII. Conviction

Article 88. Legal consequences of conviction

1. A person shall be held to have a conviction from the date on which the judgment of guilty enters into force and until the conviction is canceled or revoked.

2. Conviction shall have legal implications in case of commission of a new criminal offense, and also other cases provided for by Ukrainian laws.

3. Persons convicted without imposition of any sentence, or discharged from punishment, or those who have served their sentence for any criminal offense the criminality and punishability of which was subsequently repealed by law, shall be held to have no conviction.

4. Rehabilitated persons shall be held to have no conviction.

Article 89. Cancellation of conviction

The following persons shall be held to have no conviction:

1) persons sentenced under Article 75 of this Code, if they commit no further offenses during the probation period, and the probation is not revoked during the prescribed period for any other reasons provided for by law. If the term of any additional punishment exceeds the term of probation, a person shall be held to have no conviction after completing to serve such additional punishment;

2) women sentenced under Article 79 of this Code, if they commit no further offenses during the probation period, and are not ordered to continue to serve their sentences imposed by a court after the probation period. Where a convicted female was not discharged from an additional punishment and its term exceeds the term of the primary punishment, she shall be held to have no conviction after completing to serve such additional punishment;

3) persons sentenced to the deprivation of the right to occupy certain positions and engage in certain activities, after completing to serve this punishment;

4) persons who have completed to serve their sentence of service restrictions for military servants, or custody in a penal battalion, or those who were paroled in respect of such offenses, and also military servants who have served their punishment at a guardhouse instead of arrest;

5) persons sentenced to a fine, or community service, or correctional labor, or arrest, they commit no further offenses within one year from the date on which they completed to serve their sentence (primary or additional);

6) persons sentenced to restraint of liberty, or sentenced to imprisonment for a minor offense, if they commit no further offenses within two years from the date on which they completed to serve their sentence (primary or additional);

7) persons sentenced to imprisonment for a medium grave offense, if they commit no further offenses within three years from the date on which they completed to serve their sentence (primary or additional);

8) persons sentenced to imprisonment for a grave offense, if they commit no further offenses within six years from the date on which they completed to serve their sentence (primary or additional);

9) persons sentenced to imprisonment for a special grave offense, if they commit no further offenses within eight years from the date on which they completed to serve their sentence (primary or additional);

Article 90. Calculation of periods for the cancellation of conviction

1. The periods of the cancellation of conviction shall be calculated from the date of completion of a primary or additional sentence.

2. The cancellation period shall include the time during which the sentence was not enforced, provided that the limitation period was not interrupted. If a sentence was not enforced, the conviction shall be canceled upon expiration of limitation periods for enforcement of a sentence.

3. If a person is paroled, the cancellation period shall be calculated from the date of discharge (from serving any primary or additional sentence) on parole.

4. If any unserved portion of a sentence is commuted, the cancellation period shall be calculated from the date of completion of the commuted sentence (primary or additional).

5. If a person who completed his/her sentence, commits another offense before the expiration of the period for cancellation of conviction, this period shall be suspended and recalculated. In any such cases, the cancellation periods shall be calculated separately for each criminal offense, after the actual completion of the sentence (primary and additional) imposed for the last committed offense.

Article 91. Revocation of conviction

1. If a person, who completed his/her sentence of restraint of liberty or imprisonment, displays good conduct and diligent work as a proof of his/her rehabilitation, a court may revoke his/her conviction before the expiration of periods described in Article 89 of this Code.

2. Conviction may only be revoked after the expiration of at least one-half of the cancellation period provided for by Article 89 of this Code.

3. The procedures related to revocation of conviction shall be established in the Criminal Procedure Code of Ukraine.